Majority
p. 987Michael Machrovicz, Respondent, v. Bronx Road Associates, Inc., and Others, Defendants, Impleaded with Louis Mascia, Appellant.[1]
Judgment affirmed, with costs. No opinion. Young, Hagarty, Tompkins and Davis, JJ. concur; Lazansky, P. J., dissents upon the ground that it was error to exclude the testimony offered at folio 489. Reliance upon the advices of the mason subcontractor is an element which a jury might properly consider in determining if defendant, appellant, was negligent in respect of one of the claims of negligence.